Common use of COLLECTION FROM THIRD PARTY Clause in Contracts

COLLECTION FROM THIRD PARTY. (1) No repayment of the Borrower’s obligations under this Agreement by any party other than the Borrower is allowed, unless it obtains prior written consent from the Lender. (2) The Borrower shall not, on or after the execution date of this Agreement, commission any third party to guarantee (including any guarantee by property) the Borrower’s performance of its obligations under this Agreement, nor shall the Borrower make any third party assume the Borrower’s obligations under this Agreement, unless it obtains prior written consent from the Lender. (3) If the Lender enters into a guarantee (including any property guarantee; hereinafter the same shall apply in this Article) without being commissioned by the Borrower or assumption of obligations with any third party with respect to the Borrower’s obligations under this Agreement, the Lender shall have obtained prior written consent from the third party with respect to each item described below. In this case, if the Lender receives any payment from the third party pursuant to such guarantee or assumption of obligations, the Lender that received such payment shall report to the Lender the payment amount, details of the application, information concerning the said third party and other matters requested by the Lender. (i) The third party shall have the same obligations as the Lender has against the Borrower under this Agreement with respect to any exercise of its right for recourse and the contractual rights hereunder arising as a result of performing its guarantee obligation or obligations it has assumed, or by the exercise of security interest it has created. (ii) The third party shall be bound upon by each provision of this Agreement. (iii) The third party must be a body corporate located in Japan (having its head office, branch office or business office in Japan registered under the Japanese laws), and neither the third party nor the Borrower is the Subsidiaries of either party. (iv) If the third party obtains a part of receivables in relation to the Individual Loan, the value of the loan receivables that the third party obtains by subrogation is equal to or more than one hundred (100) million yen (or, as for Tranche B, more than an amount equivalent to one hundred (100) million yen). (v) There will be no increase in the amount of the Borrower’s interest expense payable to the third party, due to any withholding tax or other taxes arising from any such obtainment by subrogation. In the case of any obtainment by subrogation of the loan receivables by the third party pursuant to the provisions of Item (i) above, the Lender or such third party shall bear all expenses incurred from such subrogation.

COLLECTION FROM THIRD PARTY. (1) 30.1 No repayment of the Borrower’s debt obligations under this Agreement by any party other than the Borrower is allowed, unless it obtains prior written consent from the LenderAgent and All Lenders. (2) 30.2 The Borrower shall not, on or after the execution date of this Agreement, commission consign any third party to guarantee (including any guarantee by property) the Borrower’s performance of its debt obligations under this Agreement, nor shall the Borrower make any third party assume the Borrower’s its debt obligations under this Agreement, unless it obtains prior written consent from the LenderAgent and All Lenders. (3) 30.3 If the a Lender enters into a guarantee without consignment to the Guarantor by the Borrower (including any property guarantee; hereinafter the same shall apply in this Article) without being commissioned by the Borrower or a debt assumption of obligations with any third party with respect to the Borrower’s obligations under this Agreement, the Lender shall have obtained prior written consent from of the third party with respect to each item described below. In this case, if the Lender receives any payment repayment from the third party pursuant to such guarantee or assumption of obligationsdebt assumption, no arrangement among the Lender that received such payment shall report Lenders pursuant to the Lender the payment amount, details assignment of the application, information concerning the said third party and other matters requested by the Lenderreceivables under Clause 24.1 shall be made. (i) The third party shall have the same obligations as the a Lender has against the Agent, other Lenders and the Borrower under this Agreement with respect to any exercise of its right for recourse and the contractual rights hereunder arising as a result of performing the performance of its guarantee obligation or obligations it has assumed, or by the exercise of security interest it has createdobligation. (ii) The third party shall be bound upon by each provision of this Agreement. (iii) The third party must be is a body corporate company located in Japan (having its any of the head office, branch office office, or business office thereof shall be established in Japan and be registered under the Japanese laws), and is a financial institution (bank, insurance company or institutional investor etc.) or a special purpose company established for the purpose of securitization of assets (or so called liquidation of assets (shisan-no-ryudoka) under the Japanese law), and as of September 25, 2003, neither the third party nor the Borrower is the Subsidiaries Subsidiary or the Affiliate of either party. (iv) If the third party obtains a part of receivables in relation to the Individual Loan, the The value of the loan receivables Loan Receivables that the third party obtains by subrogation is equal to or more than one hundred (100) million yen (or, as for Tranche B, more than an amount equivalent to one hundred (100) million 1 billion yen). (v) There will be no increase in the amount of the Borrower’s interest expense payable to the third party, due to any and no withholding tax or other taxes arising arise from any such obtainment by subrogation. In the case of any obtainment acquisition of the Loan Receivables by subrogation of the loan receivables by the third party pursuant to the provisions of Item (i) above, such acquisition by subrogation shall be considered an assignment of the Lender or such third party Loan Receivables pursuant to Clause 29, and the provisions of Clauses 29.2 shall bear all expenses incurred from such subrogationapply.

COLLECTION FROM THIRD PARTY. (1) 33.1 No repayment of the Borrower’s debt obligations under this Agreement by any party other than the Borrower is allowed, unless it obtains without the prior written consent from of the Lender.Agent and All Lenders B. (2) 33.2 The Borrower shall not, on or after the execution date of this AgreementExecution Date, commission consign any third party to guarantee (including any guarantee by propertyproperty guarantee) the Borrower’s performance of its debt obligations under this Agreement, nor shall the Borrower make cause any third party to assume the Borrower’s its debt obligations under this Agreement, unless it obtains without the prior written consent from of the Lender.Agent and All Lenders B. (3) 33.3 If the a Lender B enters into a guarantee without consignment to the Guarantor by the Borrower (including any property guarantee; hereinafter the same shall apply in this Article) without being commissioned by the Borrower or a debt assumption of obligations with any third party with respect to the Borrower’s obligations under this Agreement, the Lender shall have obtained obtain prior written consent from the such third party with respect to each item described below. In this case, if the Lender receives any payment repayment from the third party pursuant to such guarantee or assumption of obligationsdebt assumption, no arrangement among the Lender that received such payment shall report Lenders pursuant to the Lender the payment amount, details assignment of the application, information concerning the said third party and other matters requested by the Lenderreceivables under Clause 26.1 shall be made. (i) The third party shall have the same obligations as the a Lender B has against the Agent, other Lenders B and the Borrower under this Agreement with respect to any exercise of its right for recourse and the contractual rights hereunder arising as a result of performing the performance of its guarantee obligation or obligations it has assumed, or by the exercise of security interest it has createdobligation. (ii) The third party shall be bound upon by each provision of this Agreement. (iii) The third party must be is a body corporate located corporation residing in Japan (having its a head office, or branch office or place of business office registered in Japan registered under pursuant to the Japanese lawslaws of Japan) and a financial institution (such as a bank, insurance company, institutional investor, etc.) or a special purpose entity incorporated for the liquidation of assets (securitization), and neither the third party nor is not a Subsidiary or an Affiliate of the Borrower and the Borrower is not a Subsidiary or an Affiliate of the Subsidiaries of either third party. (iv) If the third party obtains a part of receivables in relation to the Individual Loan, the The value of the loan receivables Loan Receivables B that the third party obtains by subrogation is equal to or more than one hundred billion (1001,000,000,000) million yen (or, as for Tranche B, more than an amount equivalent to one hundred (100) million yen). (v) There will be no increase in the amount of the Borrower’s interest expense payable to the third party, due to any and no withholding tax or other taxes arising will arise from any such obtainment by subrogation. In the case of any obtainment by subrogation of the loan receivables Loan Receivables B by the a third party pursuant to the provisions of Item (i) above, such obtainment by subrogation shall be considered an assignment of the Lender or such third party Loan Receivables B pursuant to Clause 32, and the provisions of Clause 32.2 shall bear all expenses incurred from such subrogationapply.

COLLECTION FROM THIRD PARTY. (1) 30.1 No repayment of the Borrower’s debt obligations under this Agreement by any party other than the Borrower is allowed, unless it obtains prior written consent from the LenderAgent and All Lenders. (2) 30.2 The Borrower shall not, on or after the execution date of this Agreement, commission consign any third party to guarantee (including any guarantee by property) the Borrower’s performance of its debt obligations under this Agreement, nor shall the Borrower make any third party assume the Borrower’s its debt obligations under this Agreement, unless it obtains prior written consent from the LenderAgent and All Lenders. (3) 30.3 If the a Lender enters into a guarantee without consignment to the Guarantor by the Borrower (including any property guarantee; hereinafter the same shall apply in this Article) without being commissioned by the Borrower or a debt assumption of obligations with any third party with respect to the Borrower’s obligations under this Agreement, the Lender shall have obtained prior written consent from of the third party with respect to each item described below. In this case, if the Lender receives any payment repayment from the third party pursuant to such guarantee or assumption of obligationsdebt assumption, no arrangement among the Lender that received such payment shall report Lenders pursuant to the Lender the payment amount, details assignment of the application, information concerning the said third party and other matters requested by the Lenderreceivables under Clause 24.1 shall be made. (i) The third party shall have the same obligations as the a Lender has against the Agent, other Lenders and the Borrower under this Agreement with respect to any exercise of its right for recourse and the contractual rights hereunder arising as a result of performing the performance of its guarantee obligation or obligations it has assumed, or by the exercise of security interest it has createdobligation. (ii) The third party shall be bound upon by each provision of this Agreement. (iii) The third party must be is a body corporate company located in Japan (having its any of the head office, branch office office, or business office thereof shall be established in Japan and be registered under the Japanese laws), and is a financial institution (bank, insurance company or institutional investor etc.) or a special purpose company established for the purpose of securitization of assets (or so called liquidation of assets (shisan-no-ryudoka) under the Japanese law), and as of September 25, 2003, neither the third party nor the Borrower is the Subsidiaries Subsidiary or the Associated Company (kanren kaisya) of either party. (iv) If the third party obtains a part of receivables in relation to the Individual Loan, the The value of the loan receivables Loan Receivables that the third party obtains by subrogation is equal to or more than one hundred (100) million yen (or, as for Tranche B, more than an amount equivalent to one hundred (100) million than1 billion yen). (v) There will be no increase in the amount of the Borrower’s interest expense payable to the third party, due to any and no withholding tax or other taxes arising arise from any such obtainment by subrogation. In the case of any obtainment acquisition of the Loan Receivables by subrogation of the loan receivables by the third party pursuant to the provisions of Item (i) above, such acquisition by subrogation shall be considered an assignment of the Lender or such third party Loan Receivables pursuant to Clause 29, and the provisions of Clauses 29.2 shall bear all expenses incurred from such subrogationapply.

COLLECTION FROM THIRD PARTY. (1) 33.1 No repayment of the Borrower’s debt obligations under this Agreement by any party other than the Borrower is allowed, unless it obtains without the prior written consent from of the Lender.Agent and All Lenders B. (2) 33.2 The Borrower shall not, on or after the execution date of this AgreementExecution Date, commission consign any third party to guarantee (including any guarantee by propertyproperty guarantee) the Borrower’s performance of its debt obligations under this Agreement, nor shall the Borrower make cause any third party to assume the Borrower’s its debt obligations under this Agreement, unless it obtains without the prior written consent from of the Lender.Agent and All Lenders B. (3) 33.3 If the a Lender B enters into a guarantee without consignment to the Guarantor by the Borrower (including any property guarantee; hereinafter the same shall apply in this Article) without being commissioned by the Borrower or a debt assumption of obligations with any third party with respect to the Borrower’s obligations under this Agreement, the Lender shall have obtained obtain prior written consent from the such third party with respect to each item described below. In this case, if the Lender receives any payment repayment from the third party pursuant to such guarantee or assumption of obligationsdebt assumption, no arrangement among the Lender that received such payment shall report Lenders pursuant to the Lender the payment amount, details assignment of the application, information concerning the said third party and other matters requested by the Lenderreceivables under Clause 26.1 shall be made. (i) The third party shall have the same obligations as the a Lender B has against the Agent, other Lenders B and the Borrower under this Agreement with respect to any exercise of its right for recourse and the contractual rights hereunder arising as a result of performing the performance of its guarantee obligation or obligations it has assumed, or by the exercise of security interest it has createdobligation. (ii) The third party shall be bound upon by each provision of this Agreement. (iii) The third party must be is a body corporate located corporation residing in Japan (having its a head office, or branch office or place of business office registered in Japan registered under pursuant to the Japanese lawslaws of Japan) and a financial institution (such as a bank, insurance company, institutional investor, etc.) or a special purpose entity incorporated for the liquidation of assets (securitization), and neither as of March 19, 2004, the third party nor is not a Subsidiary or an Affiliate of the Borrower and the Borrower is not a Subsidiary or an Affiliate of the Subsidiaries of either third party. (iv) If the third party obtains a part of receivables in relation to the Individual Loan, the The value of the loan receivables Loan Receivables B that the third party obtains by subrogation is equal to or more than one hundred billion (1001,000,000,000) million yen (or, as for Tranche B, more than an amount equivalent to one hundred (100) million yen). (v) There will be no increase in the amount of the Borrower’s interest expense payable to the third party, due to any and no withholding tax or other taxes arising will arise from any such obtainment by subrogation. In the case of any obtainment by subrogation of the loan receivables Loan Receivables B by the a third party pursuant to the provisions of Item (i) above, such obtainment by subrogation shall be considered an assignment of the Lender or such third party Loan Receivables B pursuant to Clause 32, and the provisions of Clause 32.2 shall bear all expenses incurred from such subrogationapply.

COLLECTION FROM THIRD PARTY. (1) 33.1 No repayment of the Borrower’s debt obligations under this Agreement by any party other than the Borrower is allowed, unless it obtains without the prior written consent from of the Lender.Agent and All Lenders A. (2) 33.2 The Borrower shall not, on or after the execution date of this AgreementExecution Date, commission consign any third party to guarantee (including any guarantee by propertyproperty guarantee) the Borrower’s performance of its debt obligations under this Agreement, nor shall the Borrower make cause any third party to assume the Borrower’s its debt obligations under this Agreement, unless it obtains without the prior written consent from of the Lender.Agent and All Lenders A. (3) 33.3 If the a Lender A enters into a guarantee without consignment to the Guarantor by the Borrower (including any property guarantee; hereinafter the same shall apply in this Article) without being commissioned by the Borrower or a debt assumption of obligations with any third party with respect to the Borrower’s obligations under this Agreement, the Lender shall have obtained obtain prior written consent from the such third party with respect to each item described below. In this case, if the Lender receives any payment repayment from the third party pursuant to such guarantee or assumption of obligationsdebt assumption, no arrangement among the Lender that received such payment shall report Lenders pursuant to the Lender the payment amount, details assignment of the application, information concerning the said third party and other matters requested by the Lenderreceivables under Clause 26.1 shall be made. (i) The third party shall have the same obligations as the a Lender A has against the Agent, other Lenders A and the Borrower under this Agreement with respect to any exercise of its right for recourse and the contractual rights hereunder arising as a result of performing the performance of its guarantee obligation or obligations it has assumed, or by the exercise of security interest it has createdobligation. (ii) The third party shall be bound upon by each provision of this Agreement. (iii) The third party must be is a body corporate located corporation residing in Japan (having its a head office, or branch office or place of business office registered in Japan registered under pursuant to the Japanese lawslaws of Japan) and a financial institution (such as a bank, insurance company, institutional investor, etc.) or a special purpose entity incorporated for the liquidation of assets (securitization), and neither as of March 19, 2004, the third party nor is not a Subsidiary or an Affiliate of the Borrower and the Borrower is not a Subsidiary or an Affiliate of the Subsidiaries of either third party. (iv) If the third party obtains a part of receivables in relation to the Individual Loan, the The value of the loan receivables Loan Receivables A that the third party obtains by subrogation is equal to or more than one hundred billion (1001,000,000,000) million yen (or, as for Tranche B, more than an amount equivalent to one hundred (100) million yen). (v) There will be no increase in the amount of the Borrower’s interest expense payable to the third party, due to any and no withholding tax or other taxes arising will arise from any such obtainment by subrogation. In the case of any obtainment by subrogation of the loan receivables Loan Receivables A by the a third party pursuant to the provisions of Item (i) above, such obtainment by subrogation shall be considered an assignment of the Lender or such third party Loan Receivables A pursuant to Clause 32, and the provisions of Clause 32.2 shall bear all expenses incurred from such subrogationapply.

COLLECTION FROM THIRD PARTY. (1) . No repayment of the Borrower’s debt obligations under this Agreement by any party other than the Borrower and the Guarantor is allowed, unless it obtains prior written consent from the LenderAgent and all Lenders. (2) The . Except as otherwise permitted hereunder, the Borrower shall not, on or after the execution date of this Agreement, commission consign any third party to guarantee (including any guarantee by property, and excluding the Guarantee by the Guarantor under the Letter of Guarantee) the Borrower’s performance of its debt obligations under this Agreement, nor shall the Borrower make any third party assume the Borrower’s its debt obligations under this Agreement, unless it obtains prior written consent from the Lenderall Lenders. (3) . If the a Lender enters into a guarantee without consignment to a guarantor by the Borrower (including any property guarantee; hereinafter the same shall apply in this Article) without being commissioned by the Borrower or a debt assumption of obligations with any third party with respect to the Borrower’s obligations under this Agreement, in any case excluding the Guarantee by the Guarantor under the Letter of Guarantee, the Lender shall have obtained prior written consent from satisfied all of the third party with respect to requirements specified in each item described below. In ; in this case, if the Lender receives any payment repayment from the third party pursuant to such guarantee or assumption of obligationsdebt assumption, no arrangement among the Lender that received such payment shall report Lenders pursuant to the Lender the payment amount, details assignment of the application, information concerning the said third party and other matters requested by the Lender.receivables in Clause 21.1 shall be made; (i1) The the third party shall have the same obligations as the a Lender has against the Agent, other Lenders and the Borrower under this Agreement with respect to any exercise of its right for recourse and the contractual rights hereunder arising as a result of performing the performance of its guarantee obligation or obligations it has assumed, or by the exercise of security interest it has created.obligation; (ii2) The the third party shall be bound upon by each provision of this Agreement.; (iii3) The the third party must be is a body corporate located in Japan (having its Japanese-resident legal entity, which has a head office, branch office or business office branch located in Japan registered under the Japanese laws), and neither law; (4) the third party nor the Borrower is the Subsidiaries of either party.a Qualified Institutional Investor and legally allowed to perform its rights and obligations under this Agreement; (iv5) If the third party obtains a part of receivables in relation to the Individual Loan, is not Anti-Social Forces or ASF Related Parties; (6) the value of the loan receivables Loan Claims that the third party obtains by subrogation is equal to or more not less than one hundred (100) million yen (or, as for Tranche B, more than an amount equivalent to one hundred (100) million yen).JPY 100,000,000; and (v7) There there will be no increase in the amount of the Borrower’s 's interest expense payable to the third party, due to any and no withholding tax or other taxes arising arise from any such obtainment by subrogation. In the case of any obtainment by subrogation of the loan receivables Loan Claims by the third party pursuant to the provisions of Item item (i1) above, such obtainment by subrogation shall be considered the Lender or such third party assignment of the Loan Claims pursuant to Clause 27, and the provisions of Clause 27.5 shall bear all expenses incurred from such subrogationapply mutatis mutandis.